Calcutta High CourtCRM (A)/4637/2023allowed

Sk Samsuddin@Sanu v. State Of West Bengal

2024-01-08Hon'Ble Justice Jay Sengupta2 pages

08.01.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 4637 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanditala Police Station Case No. 290 of 2018 dated 11.7.2018 under Sections 399/402 of the Indian penal Code and under Sections 9b(ii) of the Indian Explosive Act. And In Re : Sk. Samsuddin @ Sanu ...... petitioner Ms. Jeenia Rudra ....for the petitioner Mr. Partha Pratim Das Ms. Manami Roy ...for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 by the Coordinate Bench.

By such order dated October 16, 2023, the petitioner was enlarged on an interim anticipatory bail.

It is submitted at the bar that, the order granting interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary. We perused the materials in the case diary.

Apparently, the petitioner was wanted for preventive detention.

In such circumstances, we confirm the interim order dated October 16, 2023.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet before the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the Jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)